Rayburn v. State

Beasley, Judge.

A jury convicted Sherilyn Rayburn of driving a motor vehicle while under the influence of alcohol (OCGA § 40-6-391 (a) (1)) and of making an improper left turn (OCGA § 40-6-120). She alleges three errors: (i) the court charged the jury that her refusal to submit to a chemical test was admissible against her; (ii) the court admitted oral testimony of horizontal gaze nystagmus (“HGN”) test results even though the State failed to comply with Rayburn’s discovery request; and (iii) the court allowed a voir dire question concerning whether potential jurors felt a blood alcohol test…